By: Michael Provenzale, Nicole Cuccaro, & Emmett Egger
Yesterday, Florida Governor Ron DeSantis extended, for a third time, a previous executive order that suspended and tolled any Florida Statute that allows landlords to evict residential tenants for non-payment of rent, and that allows lenders to foreclose any mortgages, to August 1, 2020. The executive order, as previously extended, was set to expire today, July 1. Some thought that the Governor would allow the moratorium, as provided for in this extended executive order, to lapse given the push to reopen the economy, but that became increasingly unlikely with the recent increase in COVID-19 cases.
In sum, landlords may still not evict residential tenants for non-payment of rent; however, landlords may (i) initiate residential evictions due to a non-monetary default and, in most Florida counties, (ii) start commercial tenant eviction proceedings. At the federal level, the CARES Act’s moratorium on foreclosures of federally-backed mortgage loans on residential properties is still in effect and not subject to termination via a Florida executive order.
For a more in-depth analysis of Governor DeSantis’ previous executive order suspending and tolling residential evictions and the CARES Act’s moratorium on foreclosures, please click here.
Please contact an attorney with any questions on whether and how a landlord can evict a tenant or foreclosure a mortgage.
This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.